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2021 Supreme(Online)(KER) 47946

HIGH COURT OF KERALA
P. G. Ajithkumar, J
NATIONAL INSURANCE COMPANY LIMITED, – Appellant
Versus
MINOR VIVEKA – Respondent


Advocates:
SRI.LAL GEORGE, SRI.V.BINOY RAM

JUDGMENT

These four appeals are connected and therefore, I am disposing these four appeals by a common judgment. MACA Nos. 2104/2007 and MACA No. 57/2008 are filed challenging the same award in O.P.(M.V.) No.118/2002. Similarly, MACA No.2190/2007 and MACA No.483/2008 are filed challenging the same award in O.P.(M.V.) No. 119/2002. The appellant in MACA No.2104/2007 is the 3rd respondent-Insurance Company and the appellant in MACA No.57/2008 is the claimant in the above O.P.(M.V.). The appellant in MACA No.2190/2007 is the Insurance Company/3rd respondent in O.P.(M.V.) No.119/2002 and the appellant in MACA No.483/2008 is the claimant in the claim petition.

2. The short facts are like this :

On 19.11.2001 at 8.15 am, the minor petitioner in O.P.(M.V.) No.118/2002 and her father, Venugopal were riding a motor cycle bearing registration No. KL-8 G 6009. The minor was the pillion rider. At the place of accident, a lorry bearing registration No. KA-20/3012 driven by the 2nd respondent in the claim petition hit on the motor cycle resulting in a major accident, in which the minor petitioner in O.P.(M.V.) No.118/2002 sustained serious injuries and her father Venugopal died due to the head inju

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